Other Questions - Mediation
Do the mediation conferences have to be held in Greenville?
Yes, unless the parties and mediator agree otherwise.
Does mediation delay motions and discovery?
No.
Why do the parties and a representative of an insurance carrier
have to physically attend the settlement conference?
Mediation is simply an extension of negotiation and in order to have successful
negotiation you should have the parties and insurance representatives at the table.
If, however, one of the parties or insurance representatives cannot physically attend
the mediation for whatever reason, you should contact the mediator and counsel for all
other parties to reach a resolution; one example is requiring that person to attend the
mediation conference by speaker phone.
What does "full authority to settle the claim" mean with respect
to the insurance representative?
That means they have to have no preset limitations on their authority to settle the
case other than the policy limits or plaintiff's last demand, whichever is lower. If
they dont you need to inform the mediator and counsel for the other parties to see
if some other agreeable arrangement can be made.
If an agreement is reached during the mediation does it have to
be reduced to writing?
Yes, any agreement must be reduced to writing and signed by the parties along with
their attorneys. If a more formal agreement is anticipated that agreement should be
prepared within 10 days from the date of the mediated conference and a copy forwarded
to the mediator and appropriate dismissal papers filed with the Court.
What is the basis for sanctions in mediation?
The Court may impose sanctions if a person fails to attend a mediated settlement
conference without good cause. Sanctions may also be imposed for failing to participate
in ADR before the 300th day as required by the Standing Order.
How are the mediators compensated?
When the mediators are agreed upon by the parties, compensation will be paid at the
agreed upon rate. If the mediator is appointed through the Order for ADR , they are
limited to a rate of $175.00 per hour and can charge no greater than one hour of time
in preparing for the initial mediation conference and shall not be allowed to charge
for travel time.
When is compensation due to the mediator?
Unless otherwise agreed to by the parties the fees for the mediation settlement
conference shall be paid in equal share per party and are due upon conclusion of
the mediation conference. Please also note that an indigent is not required to pay
a mediator's fee; however, the question of indigency is determined after the mediation
is concluded. In other words, if an indigent receives monies through mediation, they
will most likely be required to pay their portion of the mediator's fee.
